2012 foreign labor certification grant planning

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_24_11_acc.pdf

CLASSIFICATION
         EMPLOYMENT AND TRAINING                       Foreign Labor Certification
      ADMINISTRATION ADVISORY SYSTEM                   CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                      OFLC
              Washington, D.C. 20210                   DATE
                                                       April 5, 2012



ADVISORY:            TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 24-11

TO:                  STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:                JANE OATES /s/
                     Assistant Secretary

SUBJECT:             Fiscal Year (FY) 2012 Foreign Labor Certification (FLC) Grant Planning
                     Guidance

1. Purpose. To provide guidance for the funding and management of FY 2012 annual grant
   allocations in order to perform FLC program activities.

2. References.
   • Immigration and Nationality Act (INA), as amended, 8 U.S.C. 1101(a), 1182(a)(5)(A),
      (n), and (t), 1184(c), and 1188;
   • Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands, 48
      U.S.C. 1801;
   • Northern Mariana Islands Covenant Implementation Act, Pub. L. 94-241, Section 302;
   • Consolidated Natural Resources Act, Pub. L. 110-229, 122 Stat. 865, Title VII – Northern
      Mariana Islands, Subtitle A-Immigration, Security, and Labor;
   • Wagner-Peyser Act, 29 U.S.C. 49f(d);
   • Consolidated Appropriations Act, 2012, Division F, Pub. L. 112-74;
   • U.S. Citizenship and Immigration Services regulations at 8 CFR Part 214;
   • 20 CFR Parts 655-subparts A & B , 656 and 658;
   • 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB
      Circular A-87);
   • OMB Circular No. A-102, Grants and Cooperative Agreements with State and Local
      Governments;
   • Employment and Training Administration (ETA) Handbook No. 385, Wage Finding
      Process, August, 1981
   • Guide for Employment Service Reimbursable Grant Activities;
   • ETA H-2A Handbook No. 398, January 1988; and
   • Training and Employment Guidance Letter (TEGL) No. 04-06, Plans to Phase out
      Penalty Mail Costs for “Employment Security” Programs and Availability of
      Supplemental Budget Funds for Conversion to Commercial Mail Methods.


 RESCISSIONS                                           EXPIRATION DATE
 None                                                  Continuing

3. Background. The purpose of this TEGL is to provide State Workforce Agencies (SWAs)
   with programmatic guidance and financial planning figures for FY 2012 allocated to support
   FLC activities.

4. Action Requested. SWA Administrators are requested to immediately provide copies of this
   planning guidance to all staff involved in the preparation and submission of the annual grant
   plan for FY 2012. Absent receiving an approved extension from the Office of Foreign Labor
   Certification (OFLC) National Office, a completed grant application package must be
   submitted by the SWA to OFLC within 30 calendar days. In addition, Administrators are
   requested to share this information within their respective State structure in order to insure
   the public workforce system is fully aware of these various activities.

5. Inquiries. Questions from SWA staff should be directed to the OFLC National Office at
   [email protected].

6. Attachments.

   Attachment 1 - Program Planning Guidance and Information Package
   Attachment 2 - Fiscal Year (FY) 2012 Annual Plan
   Attachment 3 - Annual Plan Certification
   Attachment 4 - FY 2012 Funding Level

Attachment 1: Program Planning Guidance and Information Package

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_24_11_att1.pdf

Attachment 1

                     Program Planning Guidance and Information Package

I.    Introduction

      The Immigration and Nationality Act (INA) entrusts specific responsibilities to the U.S.
      Secretary of Labor for the administration of certain employment-based immigration
      programs that require a labor certification. These statutory responsibilities include
      determining whether there are able, willing, and qualified U.S. workers for a requested
      position for which certification is requested and whether there would be any adverse impact
      on similarly employed U.S. workers should labor certification be granted. Accordingly,
      statutory and regulatory provisions require all employers seeking a labor certification for
      either permanent or temporary nonimmigrant labor to first apply to the Secretary of Labor
      for certification. The Secretary has delegated these responsibilities to Office of Foreign
      Labor Certification (OFLC) of the Employment and Training Administration (ETA).

      Under the State Unemployment Insurance and Employment Service Operations (SUIESO)
      account, Congress appropriates funding for State activities supporting foreign labor
      certification and the Federal administration of foreign labor certification programs as two
      separate activities. Federal Administration activity funds Federal program functions, such
      as the full Federal program costs of OFLC to receive and process employer-filed
      applications for permanent and temporary labor certification.

      The State Grants activity funds State employment services supporting the Federal foreign
      labor certification programs including the review and clearance of job orders, inspection of
      employer-provided housing, and conduct of prevailing wage and practice surveys. ETA,
      through OFLC, distributes these funds annually to State Workforce Agencies (SWAs) as
      fiscal year (FY) formula grants in accordance with approved State plans. This document
      provides the necessary guidelines to be used by SWAs to update annual plans and request
      funds in order to carry out their foreign labor certification program responsibilities for a
      performance period of 12 months that began on October 1, 2011, and continues through
      September 30, 2012.

II.   Grant Procedures

      A. Grant Application. The SWA grant application must be developed in accordance with
         instructions contained in this Training and Employment Guidance Letter. The grant
         application package submitted by the SWA to OFLC should consist of: (1) a
         transmittal letter and (2) one original and two copies of the following documents:

             Application for Federal Assistance (SF-424), Expiration Date 3/31/2012, Office of
             Management and Budget (OMB) Approval 4040.0004. (Grants.gov)
             http://apply07.grants.gov/apply/FormLinks?family=15



       Annual Budget and Quarterly Funding Plan (SF-424A (section D only), Expiration
       Date 7/31/2012, OMB Approval 4040.0006 (Grants.gov)

       Important Note: Submit a listing and all documentation explaining and justifying
       any proposed equipment purchases of $5,000 or more and any
       contracts/subcontracts the SWA intends to execute to carry out the grant activities.

       FY 2012 Annual Plan

             Foreign Labor Certification Workload (section A)

             H-2B Program Activities (response to section B)

             H-2A Program Activities (responses to section C)

             Cost of H-2A and H-2B Temporary Labor Certification Activities (section D)

             Permanent Labor Certification Activities (section E)

             Grantee Contact Information (section F)

       Certifications and Assurances (signed and dated)

B. Grant Submission. Absent receiving an approved written extension from the OFLC
   National Office, a completed grant application package must be submitted by the SWA
   to OFLC within 30 calendar days using the following address:

        U.S. Department of Labor
        Employment and Training Administration
        Office of Foreign Labor Certification
        200 Constitution Avenue, NW, Room C-4312
        Washington, D.C. 20210
        Attn: Ms. Anna Kasior

    To expedite review of your grant application package, the SWA may also send a Word
    or PDF copy using electronic mail (e-mail) to [email protected] and include “FY
    2012 SWA Grant Plan” in the subject line of the e-mail.

C. Grant Approval. Within 30 calendar days of receipt, OFLC will review the grant
   application package and inform the SWA in writing of any concerns or deficiencies
   which will prevent the grant application package from being approved. The OFLC
   Administrator will review the grant application package and recommend approval to
   the ETA Grant Officer. The ETA Grant Officer will issue the grant, including the
   approved grant package, and a Notice of Obligation to the SWA after receiving the
   approved grant application package from the OFLC Administrator.


    D. Grant Modifications. The grantee and the ETA Grant Officer, at the recommendation
       of the OFLC Administrator, may jointly modify the FY 2012 SWA Annual Plan
       including negotiated changes in program activities (e.g., review of job orders, wage or
       prevailing practice surveys) and funding levels during the grant period of performance.
       The OFLC Administrator has the authority to recommend funding adjustments to the
       ETA Grant Officer when overall grant expenditures are substantially below forecasted
       or actual spending levels. Any grant plan modification request must include a
       transmittal letter, written narrative of the proposed modification(s), revised annual
       budget and quarterly spending plan.

        In the event that the Secretary of Labor is required by future legislation, regulatory
        action, or a court order to carry out responsibilities related to the administration of
        foreign labor certification programs not currently anticipated, each SWA will be
        notified by the OFLC Administrator to submit to the ETA Grant Officer appropriate
        modifications to its approved grant plan in order to fully carry out such responsibilities.

III. Grant Reporting Procedures

    As a condition of receiving grant funds under the SUIESO account, SWAs agree to carry
    out responsibilities supporting the Federal administration of foreign labor certification
    programs in accordance with all applicable regulations, policies, procedures, handbooks,
    manuals, and other directives. Financial and programmatic reporting by SWAs enables
    OFLC to report key information to its stakeholders regarding the use of grant funds.
    Accurate reporting of financial and program management data provides vital information to
    support future OFLC funding levels and ensuring appropriate management of grant funds.

    OFLC is responsible for the continuous monitoring of the cost reimbursable grants. This
    includes review and recommendation for approval of the grant plan application, analysis of
    expenditure and performance data, execution of programmatic plan modifications, timely
    and accurate submission of all required reports, and on-site reviews. OFLC advises SWAs
    on how to administer the plan in accordance with the approved plan and the terms and
    conditions of their Wagner-Peyser Annual Funding Agreement.

    SWAs will report financial and program management information using the following
    required reports:

    A. Financial Status Report. ETA requires all grant recipients to submit the ETA Form
       9130, Financial Report (OMB Approval No. 1205-0461, Expiration 11/30/2012) on a
       quarterly basis providing detailed expenditure information on the grant award activities.
       The ETA 9130 report is due 45 calendar days after the end of each quarter and must
       be submitted online through ETA’s Enterprise Business Support System. A copy of the
       ETA Form 9130 can be obtained at the following Web site:
       http://www.doleta.gov/grants/docs/ETA-9130-ESandUI.pdf.




                                    Reporting                      Report
         Fiscal Year
                                     Months                       Due Date*
          1st Quarter           October – December               February 15th
          2nd Quarter              January – March                  May 15th
          3rd Quarter                April – June                 August 15th
          4th Quarter             July – September              November 15th

    * If the 15th day falls on a weekend (Saturday or Sunday), then the report is due the previous business
   day.

   If the SWA experiences any technical issues submitting the report, please contact the
   E-Grants Helpdesk via e-mail at [email protected] or phone at (202) 693-2682.

   Important Notes on Allowable Costs:
      Costs incurred under the grant may only be attributed to activities supporting the
      direct administration of foreign labor certification programs; and
      Costs can include staff resources, travel expenditures, other direct administrative
      costs, and indirect/overhead support (where an approved indirect cost plan is in
      place).

B. Program Activity Report. To account for work performed under the grant, SWAs must
   submit the ETA Form 9127, Quarterly Activity Report (OMB Approval No. 1205-0457,
   Expiration 5/31/2012) on a quarterly basis providing detailed information on H-2A and
   H-2B program activities, and Permanent Labor Certification Program job order
   postings. The ETA Form 9127 report is due within 2 weeks after the end of each
   quarter and may be submitted electronically directly to OFLC at [email protected].
   OFLC will promptly review the report for completeness and notify the SWA of any
   inaccuracies or deficiencies requiring correction. A copy of the ETA Form 9127 can be
   obtained at the following Web site:
   http://www.foreignlaborcert.doleta.gov/pdf/9127Instructions_Final.pdf

                                    Reporting                       Report
         Fiscal Year
                                     Months                        Due Date*
          1st Quarter           October – December                January 15th
          2nd Quarter              January – March                 April 15th
          3rd Quarter                April – June                   July 15th
          4th Quarter             July – September                October 15th

    * If the 15th day falls on a weekend (Saturday or Sunday), then the report is due the previous business
   day




   If the SWA experiences any difficulties submitting the report, please contact
   Ms. Valerie Massey, OFLC Federal Project Officer, via e-mail at [email protected]
   or phone at (202) 693-3010.

C. Agricultural Prevailing Wage Survey Reports. A critical component of OFLC’s ability
   to grant a labor certification under the H-2A temporary agricultural program is a
   finding that the wages of U.S. workers similarly employed are not adversely impacted
   by the admission of a temporary foreign worker. SWAs collect and provide vital
   information to OFLC with respect to whether a prevailing hourly wage or piece rate
   exists for the occupation or crop in the area of intended employment (also see 20 Code
   of Federal Register (CFR) 653.501(d)(4)). These employer wage results are collected
   through survey instruments designed by the SWA, conducted in accordance with the
   ETA Handbook No. 385, and transmitted to OFLC as soon as the wage results are
   completed (based on the SWA’s wage survey plan) using the following standard
   forms:

   ETA Form 232, Domestic Agricultural In-Season Wage Report
   (OMB Approval No. 1205-0017, Expiration 07/31/2013)
   http://www.foreignlaborcert.doleta.gov/pdf/in_season.pdf

   ETA Form 232A, Wage Survey Interview Record
   (OMB Approval No. 1205-0017, Expiration 07/31/2013)
   http://www.foreignlaborcert.doleta.gov/pdf/wage.pdf

   The ETA Forms 232 and 232A may be submitted electronically directly to OFLC at
   [email protected] or mailed to the following address:

         U.S. Department of Labor
         Employment and Training Administration
         Office of Foreign Labor Certification
         200 Constitution Avenue, NW, Room C-4312
         Washington, D.C. 20210
         Attn: H-2A Prevailing Wage Surveys

   If the SWA experiences any technical issues conducting or submitting the prevailing
   wage results, please contact Mr. Ben Orona, OFLC Temporary Programs Team, via
   e-mail [email protected] or phone at (202) 293-3010.

D. Agricultural Employment Practice Survey Reports. The Department of Labor
   (Department) regulations at 20 CFR 655.122(b) require that each job qualification and
   requirement listed in the employer’s job offer must be bona fide and consistent with the
   normal and accepted qualifications required by employers that do not use H-2A
   workers in the same or comparable occupation and crops. Additionally, Department
   regulations also allow for certain terms of employment, provided that those terms
   constitute prevailing practice. In making a determination as to whether a job offer
   contains normal and accepted qualifications and requirements or whether a term of
   employment would be considered prevailing practice, OFLC may rely on any


information or data collected through State-conducted surveys (OMB Approval No.
1205-0457) . The SWA is responsible for designing the survey instruments to collect
the data and transmitting in summary form to the Chicago National Processing Center
(NPC) the survey results as soon as the employment practice results are completed.
Absent employment practice survey results, the SWA will be required to conduct ad
hoc surveys.

The prevailing, normal or common practice survey results may be submitted
electronically directly to the Chicago NPC at [email protected] or mailed to
the following address:

     U.S. Department of Labor
     Employment and Training Administration
     Office of Foreign Labor Certification
     Chicago National Processing Center
     536 South Clark Street, 9th floor
     Chicago, Illinois 60605-1509
     Attn: H-2A Prevailing Practice Surveys

If the SWA experiences any technical issues conducting or submitting the employment
practice results, please contact the Chicago NPC, via e-mail at
[email protected] or phone at (312) 886-8000.

The Department requires the SWAs to submit a quarterly report on their workloads
related to the activities described above through the ETA Form 9127, Foreign Labor
Certification Quarterly Activity Report (OMB Control Number 1205-0457, Expiration
05/31/2012). The data required by the ETA Form 9127 are available to the SWAs as
part of their routine processing of requests from employers and are currently
maintained by the SWAs. Details regarding the information collection burden for
prevailing practice and normal and accepted surveys are being submitted to OMB as
part of the information collection for the ETA Form 9127.

Attachment 2: Fiscal Year 2012 Annual Plan

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_24_11_att2.pdf

Attachment 2


                           FISCAL YEAR (FY) 2012 ANNUAL PLAN




____________ (Insert SWA Name)_________________________ has prepared the following
plan and statement of assurances for delivering services during FY 2012 (October 1, 2011
through September 30, 2012) to support the Federal administration of foreign labor certification
(FLC) programs in accordance with all applicable regulations, policies, procedures, handbooks,
manuals, and other directives.

A. Foreign Labor Certification Workload

                                                       FY 2012           FY 2012          TOTAL FY 2012
         Category of OFLC Program
                                                       Workload          Workload           Workload(1)
             Services/Activities                          Completed     To be Processed     add previous columns

   A. Number of job orders related to H-2A
      temporary labor certification
      applications processed and expected
      to be processed.
   B. Number of prevailing wage surveys
      conducted and expected to be
      conducted in agricultural activities.
   C. Number of prevailing practice
      surveys conducted and expected to be
      conducted in agricultural activities.
   D. Number of housing inspections
      conducted and expected to be
      conducted in anticipation of H-2A
      orders.
   E. Number of job orders related to H-2B
      temporary labor certification
      applications processed and expected
      to be processed.
   F. Number of Full Time Equivalent
      (FTE) staff funded by this grant.

   (1)    Workload includes actual OFLC program services/activities provided or services/activities planned for
          the period between October 1, 2011 and September 30, 2012.




B. H-2B Temporary Nonagricultural Program Activities

   The SWA agrees to carry out all State activities in support of the Secretary of Labor's
   responsibilities under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 20 CFR 655, to certify, upon
   application by a U.S. employer intending to petition Department of Homeland Security
   (DHS) to admit H–2B workers, that there are not enough able and qualified U.S. workers
   available for the position sought to be filled and that the employment of the foreign worker(s)
   will not adversely affect the wages and working conditions of similarly employed U.S.
   workers. This section of the plan describes how the SWA will receive job orders to be
   placed in connection with future H-2B applications, process job orders in compliance with all
   applicable regulatory requirements, and manage referrals of qualified U.S. workers to the job
   opportunity.

   a. Description of the process by which employers, desiring to hire foreign workers in
      temporary nonagricultural employment, can submit a job order to the SWA and identify it
      as a job order to be placed in connection with a future application for H-2B workers.


                                   [SWA narrative inserted here]


   b. Description of the process by which the SWA, upon receipt of a nonagricultural job order
      covering multiple States (e.g., multiple States within the same area of intended
      employment, itinerant jobs in tree planting and reforestation), will promptly transmit, on
      behalf of the employer, a copy of the job order to all States listed in the application as
      anticipated worksites.


                                   [SWA narrative inserted here]


   c. Description of how the SWA will refer qualified U.S. workers to the job opportunity,
      particularly those requiring interstate referral, and maintain records of referrals in the
      event such records are requested by the Office of Foreign Labor Certification (OFLC)
      Certifying Officer in support of a final determination on a pending H-2B application or
      audit examination of a certified H-2B application.


                                   [SWA narrative inserted here]




C. H-2A Temporary Agricultural Program Activities

   The SWA agrees to carry out all activities in support of the Secretary's responsibilities under
   8 U.S.C. 1101(a)(15)(H)(ii)(a) and 1188, and 20 CFR 655, to certify, upon application by a
   U.S. employer intending to petition DHS to admit H–2A workers, that there are not enough
   able and qualified U.S. workers available for the position sought to be filled and that the
   employment of the foreign worker(s) will not adversely affect the wages and working
   conditions of similarly employed U.S. workers.

   This section of the plan describes how the SWA will receive job orders to be placed in
   connection with future H-2A applications, review and process job orders in compliance with
   all applicable regulatory requirements, conduct agricultural surveys of prevailing wages,
   prevailing practices, and normal and accepted requirements, perform inspections of
   employer-provided housing, and manage referrals of qualified U.S. workers to the job
   opportunity.

   a. Description of the process by which the SWA will review agricultural job orders (ETA
      Form 790, http://www.foreignlaborcert.doleta.gov/pdf/Revised_ETA_Form_790.pdf)
      being placed by employers in connection with a future application for H-2A workers,
      communicate and resolve any deficiencies with the employer and, where accepted, place
      a copy in its job bank system for intrastate clearance and commence recruitment of U.S.
      workers.

                                   [SWA narrative inserted here]

   b. Description of how (i.e., what mechanisms or process) the SWA, upon receipt of a Notice
      of Acceptance from the OFLC Certifying Officer, will promptly transmit, on behalf of
      the employer, a copy of the job order to other States the OFLC Certifying Officer
      determines to be potential sources for recruiting U.S. workers, and how such interstate
      referrals of qualified U.S. workers from other States will be received and processed
      against the employer’s job order.

                                   [SWA narrative inserted here]

   c. Schedule of the agricultural prevailing wage surveys (including logging activities) the
      SWA plans to conduct during the performance period of the grant in accordance with the
      ETA Handbook No. 385, including anticipated survey timeframes by area (e.g.,
      statewide, regional) and crops or other agricultural activities/commodities, and
      approximately when wage results are expected to be transmitted to the OFLC National
      Office (via the ETA Forms 232 and 232A) for review. The SWA’s schedule of surveys
      may be based upon current and historical agricultural job order activities or other
      information about major crops/commodities within the State’s agricultural sector.

       [SWA schedule of wage survey inserted here and, if necessary, include attachments]




d. Schedule of the agricultural prevailing practice and normal and accepted requirement
   surveys (including logging activities) the SWA plans to conduct during the performance
   period of the grant in accordance with the ETA Handbook No. 398, including anticipated
   survey timeframes by area (e.g., statewide, regional) and crops or other agricultural
   activities/commodities, and approximately when employment practice results are
   expected to be transmitted to the OFLC Chicago National Processing Center (NPC) for
   review.

    [SWA schedule of wage survey inserted here and, if necessary, include attachments]

   The SWA agrees to promptly submit all completed prevailing practice and normal and
   accepted requirement surveys to the OFLC Chicago NPC either electronically at
   [email protected] or mailed to the following address:

           U.S. Department of Labor
           Employment and Training Administration
           Office of Foreign Labor Certification
           Chicago National Processing Center
           536 South Clark Street, 9th floor
           Chicago, IL 60605
           Attn: H-2A Prevailing Practice Surveys

e. SWA will schedule and conduct pre-occupancy inspections of housing to be furnished to
   U.S. and H-2A workers who are not reasonably able to return to their place of residence
   the same day. Except in circumstances where the Department of Labor has promulgated
   special procedures, employer housing must meet the applicable local, State, or Federal
   standards, and be sufficient to house the number of workers requested in order for OFLC
   to grant a temporary labor certification. To the extent practicable, the SWA will plan to
   schedule housing inspections before the filing of the agricultural clearance order for those
   employers who regularly use the H-2A Program.

   The SWA (check one)          IS      IS NOT requesting approval to use an alternative
   method(s) for conducting pre-occupancy housing inspections. Alternative methods
   include contracts, memoranda of understandings, or other cooperative agreements with
   State or local organizations to carry out inspections of housing (e.g., health departments,
   Occupational Safety and Health Administration).

   [SWA narrative providing a detailed explanation and justification for use of alternative
                                 method(s) inserted here]




D. Cost of H-2A and H-2B Temporary Labor Certification Activities

   The information contained in the table below is to be taken from available FY 2011
   expenditure data to estimate the cost of conducting State activities under the H-2A and H- 2B
   temporary labor certification programs, including applications for logging.


   Costing Sheet (Including Logging)

                                                                Total                 Total              Average
                         Activity
                                                               Number                 Cost                Cost(5)
    H-2A Housing Inspections(1)

    H-2A Prevailing Wage Surveys(2)

    H-2A Prevailing Practice and Normal and
    Accepted Requirement Surveys(2)

    H-2A Job Orders Processed(3)

    Total Cost of H-2A Activities(4)

    Staff Assisted H-2B Job Orders(6)
    Total Cost of H-2A and H-2B Activities(7)

   (1) H-2A Housing Inspections:
        Include in the total cost estimate: travel time, inspection time, travel mileage, and completion of
        paperwork. Include in the total, all housing inspections started during the prior FY regardless of the final
        completion date.
        • If housing inspections are done by another organization, estimate the cost that the H-2A portion adds
             to their total cost and include this amount in the table.

   (2) H-2A Prevailing Wage/Practice and Normal and Accepted Requirement Surveys:
        • Include in the total cost estimate the development of the survey instrument, postage, collection of
           responses, collation of information, and publication of results.
        • Include in the total, all surveys started during the prior fiscal year regardless of the final completion
           date.

   (3) H-2A Job Orders Processed:
        • Include in the total cost estimate the creation and maintenance of files, taking into account the cost
           associated with receiving and reviewing applications, referring applicants, and releasing orders into
           inter/intra-state job system.

   (4) Total Cost of H-2A Activities:
        • Total Cost of Housing Inspections + Total Cost of Prevailing Wage/Practice Surveys + Total Cost of
            Job Orders Processed.


   (5) Average Cost:
        • Total Cost of activity/ Total Number of activity.

   (6) Staff Assisted H-2B Job Orders:
        • Total number of job orders.

   (7) Total Cost of H-2A and H-2B Activities
        • Add cost of all activity

E. Permanent Labor Certification Activities

The SWA is expected to perform labor exchange activities necessary to support the recruitment
of U.S. workers under the permanent labor certification program. Such labor exchange activities
include placing job orders serving the area of intended employment and receiving referrals of
qualified applicants for consideration. Please note that these activities are covered by existing
Wagner-Peyser formula grants and not by the FLC grants that are the subject of this Training and
Employment Guidance Letter.




F. Grantee Contact Information
   H-2A Program Point-of-Contact

    Last (family) name                                            First (given) name


    Job title

    Address


    City                                                         State                 Postal code


    Telephone number (including extension)                       Fax number


    E-mail address



   H-2B Program Point-of-Contact (if different than the contact listed above)

    Last (family) name                                            First (given) name


    Job title

    Address


    City                                                         State                 Postal code


    Telephone number (including extension)                       Fax number


    E-mail address



   Fiscal Grant Point-of-Contact (if different than the contact listed above)

    Last (family) name                                            First (given) name


    Job title

    Address


    City                                                         State                 Postal code


    Telephone number (including extension)                       Fax number


    E-mail address

Attachment 3: Annual Plan Certification

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_24_11_att3.pdf

Attachment 3



                             ANNUAL PLAN CERTIFICATION



____________ (Insert SWA Name)_________________________ certifies that it will carry out
all activities outlined in the fiscal year 2012 Annual Plan to support the Secretary of Labor's
responsibilities under the Immigration and Nationality Act as well as all other standard
certifications and assurances as a condition of receiving the federal grant funds. Per 29 Code of
Federal Regulations, Part 97.42(e)(1), file documentation of grant activities and
accomplishments will be available for examination by the Employment and Training
Administration or other authorized Federal representatives.




_______________________________________________                     Date________________
Authorized Representative’s Signature



_______________________________________________
Authorized Representative’s Job Title



_______________________________________________
Authorized Representative’s Printed Name

Attachment 4: FY 2012 Funding Level

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/tegl_24_11_att4.pdf

Attachment 4

                            FY 2012 Funding Level

 Alabama                         78,879     Nevada                    81,504
 Alaska                          72,121     New Hampshire             88,345
 Arizona                        270,164     New Jersey               611,335
 Arkansas                        83,385     New Mexico                83,385
 California                   2,244,795     New York               1,391,624
 Colorado                       234,841     North Carolina           205,476
 Connecticut                    263,097     North Dakota              92,275
 Delaware                       100,097     Northern Mariana          67,613
 Florida                        594,073     Islands
 Georgia                        552,683     Ohio                    206,969
 Guam                            67,613     Oklahoma                 78,879
 Hawaii                          67,613     Oregon                   87,700
 Idaho                          214,760     Pennsylvania            568,958
 Illinois                       429,012     Puerto Rico              67,613
 Indiana                         72,120     Rhode Island             72,121
 Iowa                            81,139     South Carolina           90,828
 Kansas                         121,361     South Dakota             81,139
 Kentucky                       332,111     Tennessee               169,174
 Louisiana                      164,882     Texas                   954,949
 Maine                          295,312     Utah                    100,161
 Maryland                       515,507     Vermont                 103,094
 Massachusetts                  781,782     Virgin Islands           67,613
 Michigan                       299,597     Virginia                748,103
 Minnesota                      102,164     Washington              211,655
 Mississippi                     94,655     Washington DC           119,026
 Missouri                       126,087     West Virginia            74,373
 Montana                         76,625     Wisconsin               129,398
 Nebraska                       106,300     Wyoming                  74,378




                 *The total SWA grant allocation is $15,070,463.